A recently filed welfare-related lawsuit is frivolous, according to state leaders who filed a motion Monday to dismiss the suit.

The lawsuit contends the state cannot stop medical benefits for parents who refuse to participate in an employment program.

According to the lawsuit filed in May by the Nebraska Appleseed Center for Law in the Public Interest, the state Department of Health and Human Services  overstepped its authority in cutting off cash assistance and Medicaid coverage to a parent who refused to comply with the work requirements.

The lawsuit was filed on behalf of Jennifer Davio of Lincoln, but Appleseed is asking it be expanded to a class action suit that would cover all aid for dependent children parents in Nebraska who lost Medicaid coverage for failing to participate in a required employment program.

That could be thousands of people, said Erin Ching, an attorney with Appleseed. 

In its motion filed Monday, HHS asked the court to dismiss the suit.

“We believe this is a frivolous lawsuit and will vigorously fight it,” said Todd Landry, director of the Division of Children and Family Services in the Department, in a news release.

The opposing sides talk about the narrow legal issue and the broader philosophic issues involved in the case, in interviews and in news releases.

The Legislature intended that HHS stop only cash benefits for a family — about $363 for a family of three — when a parent does not comply with the employment requirement, according to the Appleseed lawsuit.

But HHS cites a different section of law using more general language requiring HHS to impose stricter sanctions. That section allows HHS to end Medicaid coverage for the parent, according to the HHS news release. 

Medicaid, funded by state and federal dollars, provides broad medical coverage for some low-income children and adults. 

In the release, HHS leaders focused on Davio’s responsibility.   Landry pointed out Davio was aware of the requirements to participate in work-related programs. 

“This was not a case where someone receiving public assistance was unfairly sanctioned for a one-time mistake or for a situation beyond her control,” Landry said about the case. 

“Nebraskans are generous and support programs to help people in need, but they expect welfare recipients to get their lives back on track,” Landry said in the release. 

“Welfare as a lifestyle went out of existence in the 1990s with welfare reform,” the release said. 

Appleseed focused on the serious medical problems Davio faces. She has a heart condition that requires monthly medical attention to drain fluid from around her heart, according to the Appleseed lawsuit. 

Davio’s Medicaid was restored after she became pregnant with her third child, but the coverage does not include cardiac care, according to the suit. 

 Davio has not been able to see her cardiologist since July 2007, even though her heart condition affects her pregnancy, because cardiology treatments are not considered to be services for her unborn child, according to the lawsuit. 

“We feel like health care is an essential piece of the puzzle for these low-income families,” Ching said.

Often, they haven’t been able to work because of illness, she said. 

“It’s bad policy to take Medicaid away from struggling families who are looking for work, and it will only make it harder for them to meet their basic needs, take care of their kids, and eventually become self-sufficient,” she said.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.